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Home > Law > Small Claims   »   Can someone change their name while Default Judgment & wage garnishment is in place?

 
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Old Jul 22, 2008, 06:01 AM
iyania
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Can someone change their name while Default Judgment & wage garnishment is in place?

I was awarded a default judgment against an unmarried couple in Spalding County, Georgia on 12/28/07. Her wages have been garnished since Feb 08. I believe I located his new employer where he has been employed since 4/1/08. Since becoming employed there he has changed his 1st name (changed name illegally to evade prosecution, child support arrears, school loans, my default judgment, debts). My question is this: If Home Depot hired "john smith" on 4/1/08 then he changed his 1st name to 'muhammad smith' on 7/10/08 and Spalding court's constable serves Home Depot with a continuing wage garnishment for 'john smith's' does Home Depot have to comply with the wage garnishment/court order? I am thinking Home Depot has to comply since both names (John and Muhammad) Smith are the same person and was/is their employee when he had both names. Can anyone clarify. I'd greatly appreciate it.

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Old Jul 22, 2008, 07:29 AM   #11  
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I am guessing here, but on his credit report, it should show former names.
When I got married and then bought a house 2 years later, it showed my maiden name under "also known as" section.
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Old Jul 22, 2008, 07:29 AM   #12  
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I most certainly will keep you updated - thanks from the bottom of my heart. As of 8/2 $2000 will have been garnished & sent to me - they owe $5848 & $219 court fees and 10.75% - some people NEVER learn.
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Old Jul 22, 2008, 07:33 AM   #13  
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Hmmm good answer that makes sense. But since I have not used a lawyer with my small claims lawsuit I doubt I could get a copy of his credit reports. I wonder if a private investigator or lawyer would be able to do this. He would have changed his 1st name recently so I also wonder how long it takes before showing up on the reports.
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Old Jul 22, 2008, 07:33 AM   #14  
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I've merged your two threads since they deal with the same issue.
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Old Jul 22, 2008, 07:37 AM   #15  
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Quote:
Originally Posted by iyania
...I believe he has recently changed his 1st name. Are name changes public record in Georgia? Was told they are but when I spoke with a Fulton County rep (he may be living back in ATL) she said a person who is changing their name can ask to keep the information private. This doesn't make sense to me...."
I can confirm your research: "Within seven days of the filing of the petition, the petitioner shall cause a notice of the filing, signed by him, to be published in the official legal organ of the county once a week for four weeks." And, the petition is filed in the superior court of the county of his residence. see: Georgia Name Change Forms and Name Change Law
You should look for an order of court in his county of residence and be able to locate the legal notice in the 'legal' newspaper. It is supposed to be "...published in the official legal organ of the county once a week for four weeks".
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Old Jul 22, 2008, 07:39 AM   #16  
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Quote:
Originally Posted by iyania
Hmmm good answer that makes sense. But since I have not used a lawyer with my small claims lawsuit I doubt I could get a copy of his credit reports. I wonder if a private investigator or lawyer would be able to do this. He would have changed his 1st name recently so I also wonder how long it takes before showing up on the reports.

Good idea but in this case you really don't need his credit report - prepare it as I suggested (a/k/a or f/k/a) and serve it. As long as the SS number is the same it doesn't matter.

(The credit report would be good to verify your information but I'm not sure you need verification. Also, name changes are in most States public record. You could always check with the local Court.)
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Old Jul 22, 2008, 07:54 AM   #17  
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If it turns out I was given the wrong information about where this guy is now working. Does anyone know how I might be able to find his new employer if I have his SS#, DOB, present and former names, addresses, previous phone #'s, etc. Wasn't sure if Private Investigator is only option. I asked a Florida PI and he said 'survalence' is my only option. I would like to get his wage garnishment served and started ASAP. Her wage garnishment ends 8/2/08 and it's his turn to repay the remainder of the default judgment.
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Old Jul 22, 2008, 08:08 AM   #18  
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Quote:
Originally Posted by iyania
If it turns out I was given the wrong information about where this guy is now working. Does anyone know how I might be able to find his new employer if I have his SS#, DOB, present and former names, addresses, previous phone #'s, etc....
If you have his address, you can mail interrogatories; if he refuses his mail, have them served by the sheriff or marshall. see: http://www.waltoncountyga.org/MagCt/...040408_000.pdf
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Old Jul 22, 2008, 08:12 AM   #19  
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Quote:
Originally Posted by iyania
If it turns out I was given the wrong information about where this guy is now working. Does anyone know how I might be able to find his new employer if I have his SS#, DOB, present and former names, addresses, previous phone #'s, etc. Wasn't sure if Private Investigator is only option. I asked a Florida PI and he said 'survalence' is my only option. I would like to get his wage garnishment served and started ASAP. Her wage garnishment ends 8/2/08 and it's his turn to repay the remainder of the default judgment.


I'd go with the PI - get an hourly rate, find out how many hours he/she estimates it will take (and, of course, that's only ballpark). Even if the PI has a source it will take some time for the payroll info to hit SS so surveillance is a good option, particularly because you are in a hurry.
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